The Perfection Of The Pending Custody System

In the criminal proeedure system,the pending custody system is indispensable.In the criminal procedure,the pending custody system deprives the suspect and the defendant of personal freedom before the judge makes the final guilty judgment.With the development of democracy and the concept of rule of law,the international community has generally recognized the basic principles of respect for and protection of human rights,so the laws of different countries are cautious about the application of the system of pretrial detention.Although the relevant provisions on pretrial detention vary from country to country,they all have the system of pretrial detention in their respective laws.Stricter legal provisions have been made.With the progress of science and technology,citizens have more freedom of speech,media technology is increasingly advanced,often exposed in the pending detention process of extorting confessions by torture,extended detention and other negative events that shocked the public,serious cases will even cause public debate,leading to a wave of public opinion.With the increasing awareness of the Public's law,the recognition of human rights and personal freedom has gradually improved,the presumption of innocence has become one of the basic principles of criminal proceedings,which all questioned the rationality of the pending custody system:since the court did not determine whether the suspect eommitted a crime,what crime,what on earth There is no reason to forcibly detain a citizen who has not been convicted and deprived of his personal freedom,which is also a potential danger of the pending detention system which has been hotly debated in academic circles.Therefore,this paper takes "the perfection of the pending custody system" as the topic of study,mainly divided into four parts,first of all,the theoretical connotation of the pending custody system is summarized,and then through the analysis of the advanced extraterritorial pending custody system,reflecting on the shortcomings of China's pending custody system,to make a useful pave for the improvement of the later system.The third part analyzes the unreasonable time limit,the non-neutral place of detention,the inadequate relief system,the absence of alternative measures and other practical problems in China's pending detention system;the fourth part makes recommendations to improve the reality.I hope that through the investigation and analysis of the problems discussed in this paper,I can put forward some suggestions for adoption,to ensure that the system of pending custody is more reasonable and more legitimate,and to promote the continuous improvement of the system of pending custody in our country.